Sundberg v. Schmitt

■ ROBB, Associate Justice.

Appéal from concurrent decisions of the Patent Office tribunals in an interference proceeding awarding priority of invention to the senior party.

The invention relates to an oil-saving or piston ring, and is defined in a single count, which it is unnecessary to reproduce.

The examiner of interferences ruled that appellants had established conception and disclosure of the invention as early as October, 1918, but that they had failed to prove reduction to practice prior to the filing date of Schmitt, and that they were lacking in diligence at that time. The Board of…